Allen v. Lowndes County Sheriff Dept. et al (INMATE2)

Filing 51

ORDER ADOPTING 50 Recommendation of the Magistrate Judge. Defendants' 28 Motion for Summary Judgment is granted to the extent defendants seek dismissal due to plaintiff's failure to exhaust available administrative remedies. Ordered that plaintiff's complaint is dismissed as further set out in order. An appropriate judgment will be entered. Signed by Honorable Ira De Ment on 3/26/09. (sl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R O B E R T LEE ALLEN, P l a i n t if f , v. M R . WILLIE VAUGNER, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C A SE NO.: 2:07-cv-90-ID

ORDER T h e Magistrate Judge entered a Recommendation (Doc. #50) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #50) of the Magistrate Judge is A D O P T E D . Defendants' Motion for Summary Judgment (Doc. #28) is GRANTED to the e x te n t Defendants seek dismissal due to Plaintiff's failure to exhaust available administrative re m e d ie s. It is further O R D E R E D that Plaintiffs' complaint pursuant to 42 U.S.C. § 1983 is DISMISSED w ith prejudice, in accordance with the provisions of 42 U.S.C. § 1997e(a), due to Plaintiff's fa ilu re to exhaust an administrative remedy available to him during his confinement in the Lo w n d e s County Jail. An appropriate judgment will be entered.

Done this 26 th day of March, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE